On Point: 2. Prejudice

State v. Percy Antione Robinson, 2020AP1728-CR, 8/6/24, District I (recommended for publication); case activity

In a published decision that criminal practitioners have been waiting on for years, COA holds that a CR-215 probable cause procedure used to satisfy the requirements of Riverside triggers the attachment of the Sixth Amendment right to counsel.

State v. Jobert L. Molde, 2021AP1346-CR, 5/21/24, District III (not recommended for publication);petition for review granted case activity

Although this defense win is unpublished and therefore nonprecedential, COA’s analysis and synthesis of the law regarding this commonly litigated issue is an important read for litigators considering such claims.

Kenosha County DC&FS v. A.G.O., 2023AP1305, 1307 & 1308, 5/8/24, District II (one-judge decision; ineligible for publication); case activity

In yet another TPR case involving allegations of ineffective assistance, COA affirms based on hard-to-overcome legal standards.

State v. Matthew Robert Mayotte, 2022AP1695, 1/23/24, District 3 (not recommended for publication); case activity (including briefs)

Given the state of the postconviction record and COA’s narrow reading of precedent, Mayotte fails to establish he is entitled to plea withdrawal given his misunderstanding of the consequences of his Alford plea.

State v. Wayne L. Timm, 2023AP351, 1/19/24, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)

The police thought Timm might be responsible for a string of burglaries in the area, and so were looking out for his vehicle. When an officer spotted it one night, he pulled it over for going 31 in a 25. Shining his flashlight into the car, the officer saw the flat end of a tire iron such as could be used to pry things open; the iron was partly covered by a pair of jeans. He searched the vehicle and discovered more potentially “burglarious” tools. Based in part on this evidence, the police secured a GPS warrant for Timm’s car. The GPS tracking led to the discovery of evidence connecting him to specific burglaries. He moved to suppress the search of his car; when that was denied, he entered a plea.

Kenosha County DCFS v. M.T.W. 2023AP610, 11/15/23, District 2 (one-judge decision; ineligible for publication); case activity

“Mary” appeals from the termination of her parental rights to her daughter “Carrie.” the court of appeals rejects several claims that Mary’s counsel was ineffective and affirms.

State v. Michele M. Ford, 2022AP187 & 2022AP188, 10/31/23, District I (one-judge decision; ineligible for publication); case activity

The takeaway from this procedurally convoluted case is that Ford succeeds in her appeal from an order finding her incompetent to stand trial in two misdemeanor cases. Specifically, the court reverses and remands for a “nunc pro tunc” competency hearing at which the circuit court will have to determine whether Ford was competent to proceed without relying on trial counsel’s statements to the evaluator, which the court holds violated the attorney-client privilege and amounted to ineffective assistance of counsel. (Op., ¶26).

State v. Michael Ross Straight, 2022AP2012, 8/24/23, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)

A woman identified as “A.B.” got out of her car and approached Straight with a machete. Straight, fearing for his life, grabbed A.B., knocked her to the ground, and took the machete from her. He then straddled A.B. with the point of the machete pointing toward her. A friend on scene yelled at Straight; Straight replied “what are you going to do about it?” Then he got up, dropped the machete, and walked away. A.B. departed in her car with the machete.

State v. Julie A. Minnema, 2022AP446-CR, District 4, 6/8/23 (one-judge decision, not eligible for publication); case activity (including briefs)

In an unusually lengthy OWI second appeal, the court rejects Minnema’s ineffective assistance of counsel claims either because Minnema failed to establish deficient performance or because Minnema failed to establish prejudice. (Opinion, ¶1).

State v. I.B., 2022AP911 & 2022AP912, District I, 6/6/23 (one-judge decision; ineligible for publication); case activity (briefs not available)

Although the State appears to have conceded it did not follow the statutory requirements for proper service of the petition(s) in this TPR, Ivy’s appeal fails because she did not object below. And, because the error could have been cured if counsel had objected, her ineffectiveness claim also fails.